More delays in Hlophe impeachment case

PARLIAMENT has yet to be served the court papers in the application that Western Cape High Court Judge President John Hlophe has brought to stay the impeachment process against him.

Despite having said last week that they would file their answering affidavit “soon” in response to Judge Hlophe’s application to urgently stop the National Assembly from going ahead with the process, Parliamentary spokesperson Moloto Mothapo yesterday said they had yet to be officially served.

“Parliament was never officially or properly served in the matter of Judge President Hlope, and therefore has not filed any responding affidavit.

“This was placed on record and counsel briefed notwithstanding.

“The counsels for various parties to the matter are currently meeting to discuss time frames, which will determine when Parliament and other respondents will file their affidavit,” said Mothapo.

Meanwhile, the Judicial Service Commission (JSC) has indefinitely postponed its meeting to decide on whether to recommend to President Cyril Ramaphosa that Judge Hlophe be suspended, pending the impeachment proceedings before Parliament.

The JSC had been expected to meet yesterday to decide on the matter.

JSC spokesperson Dali Mpofu said: “The meeting (scheduled for yesterday) was postponed indefinitely due to the pending litigation launched by Hlophe.”

After launching his urgent review application, Judge Hlophe had given the JSC, Ramaphosa, the Justice and Correctional Service minister and the Speaker of Parliament until tomorrow to respond to his application to set aside his impeachment proceedings.

Enquiries sent to Judge Hlophe’s lawyer, Barnabus Xulu, had not been answered by deadline yesterday.

Judge Hlophe wants the Gauteng High Court in Johannesburg to rule that the JSC “failed to perform its constitutional obligations” and further seeks to have the JSC Tribunal findings overturned. In addition, in the interim he wants Parliament to be stopped from acting on them.

Judge Hlophe’s recently filed notice of motion also sought to stop Ramaphosa from suspending him, following the JSC Tribunal process that found him guilty of gross misconduct last month.

The court application comes after the JSC said last month it had taken a decision to uphold the report and recommendations of the Judicial Conduct Tribunal handed down on April 9.

The tribunal’s report stated that Judge Hlophe had breached sections of the Constitution when he tried to influence two justices – retired Justice Bess Nkabinde and Justice Chris Jaftha of the Constitutional Court – to rule in favour of former president Jacob Zuma on corruption charges in 2008.